1. ' KHALID ALI Z. QAZI, J.--- This order will propose to dispose of the bail application moved under sections 498 and 498-A, Cr.P.C. For bail before arrest moved on behalf of applicant/Anwar Ali who is involved in Case No,61 of 1999 with Police Station Bakrani under sections 324, 353, 401, 34, P.P.C.
2. The complainant S-I.P. Muhammad Aslam Pathan lodged F.I.R. Stating therein that on 9-7-1999 at about 2145 hours at Link Road leading from Bakrani--Dadu Bridge to Bakrani Station near Pir Shaheed, accused Haidero, Qurban and three unidentified accused armed with guns and pistols attempted to commit Qatl-i-Amd of police party headed by him, by firing upon them besides deterring from discharging their official duty when the police party raided the above place on the basis of spy information, received regarding presence of 5 persons with intention to commit an offence.
3. ' The police after completing the investigation submitted the challan. The present applicant/accused's case was kept on dormant file after declaring his proclaimed offender while acquitting accused Qurban and Wazir by learned 2nd Additional Sessions Judge, Larkana vide order dated 22-9-2004.
4. ' The bail before arrest application of the appellant was dismissed by the trial Court on 17-5-2008, hence this application.
5. ' I have heard learned counsel for the applicant/accused and learned Assistant Advocate-General, Sindh for the State and perused the police papers/record. The former prays for pre-arrest bail by arguing that the applicant being innocent is implicated falsely, that it is case of ineffective firing, that the applicant was under age at the time of incident, that the police had failed to associate any independent person to act as Mashir, that the applicant cannot be refused bail on the ground that he remained fugitive from law, that the applicant was present in his house after returning from Saudi Arabia, that the applicant is involved on the basis of statement of co-accused which carries no value and the co-accused have already been acquitted by the trial Court. While the letter i.e. Learned Assistant Advocate-General, Sindh conceded the position and does not oppose the bail application.
6. ' I have perused the record, the relevant law and the case law on the subject in respect of absconsion of the accused person in present case. In the case of Mohammad Khan and another v.
7. The State 1999 SCM R 1220, the Full Bench of Honourable Supreme Court of Pakistan consisted of Mr. Justice Nasir Aslam Zahid, Mr. Justice Munawar Ahmed Mirza and Mr. Justice Abdul Rehman Khan (as their Lordships then were) laid down the principle that the abscondence itself had not been proved as according to prosecution witness who was entrusted with the execution of warrants of arrest, the warrant of arrest issued against the appellant was not before him when he was examined in Court. It has been held in any case absence can never remedy the defect in the prosecution as it is not necessarily indicative of guilt. In present case, the co-accused have already been acquitted by the trial Court and no incriminating evidence had been produced by the prosecution in the trial against the present applicant.
8. ' Without going into deeper appreciation of evidence of the case, it may be observed on tentative assessm ent of the evidence produced by the prosecution in trial culminating on the acquittal of the co-accused, it appears that prima facie no material is available with prosecution to connect the applicant/accused with the alleged offence. In view of the above, I am of the humble opinion that learned Assistant Advocate-General has very rightly conceded to the grant of bail to the applicant. In the circumstances, without further deeper appreciation. Of the evidence, available on the record, because at this stage I cannot go into deeper appreciation of evidence, I find merits in this bail application which is hereby granted subject to furnishing solvent surety in the sum of Rs 1,00,000 and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.